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Congressional Record—House H6023 September 28, 2016 CONGRESSIONAL RECORD — HOUSE H6023 the gentleman from Colorado (Mr. Consistent with this commitment, subjected to a range of sanctions. LAMBORN) that the House suspend the over the past 8 years, I have directed Given these serious consequences, state rules and pass the bill, S. 3283. my Administration to pursue relent- sponsor of terrorism designations are The question was taken. lessly al-Qa’ida, the terrorist group made only after national security, for- The SPEAKER pro tempore. In the that planned the 9/11 attacks. The he- eign policy, and intelligence profes- opinion of the Chair, two-thirds being roic efforts of our military and sionals carefully review all available in the affirmative, the ayes have it. counterterrorism professionals have information to determine whether a Mr. LAMBORN. Mr. Speaker, on that decimated al-Qa’ida’s leadership and country meets the criteria that the I demand the yeas and nays. killed Osama bin Laden. My Adminis- Congress established. The yeas and nays were ordered. tration also strongly supported, and I In contrast, JASTA departs from The SPEAKER pro tempore. Pursu- signed into law, legislation which en- longstanding standards and practice ant to clause 8 of rule XX, further pro- sured that those who bravely responded under our Foreign Sovereign Immuni- ceedings on this motion will be post- on that terrible day and other sur- ties Act and threatens to strip all for- poned. vivors of the attacks will be able to re- eign governments of immunity from judicial process in the United States f ceive treatment for any injuries result- ing from the attacks. And my Adminis- based solely upon allegations by pri- MESSAGE FROM THE SENATE tration also directed the Intelligence vate litigants that a foreign govern- A message from the Senate by Ms. Community to perform a declassifica- ment’s overseas conduct had some role Curtis, one of its clerks, announced tion review of ‘‘Part Four of the Joint or connection to a group or person that that the Senate having proceeded to re- Congressional Inquiry into Intelligence carried out a terrorist attack inside consider the bill (S. 2040) ‘‘An Act to Community Activities Before and After the United States. This would invite deter terrorism, provide justice for vic- the Terrorist Attacks of September consequential decisions to be made tims, and for other purposes.’’, re- 11,’’ so that the families of 9/11 victims based upon incomplete information and turned by the President of the United and broader public can better under- risk having different courts reaching States with his objections, to the Sen- stand the information investigators different conclusions about the culpa- ate, in which it originated, it was gathered following that dark day of our bility of individual foreign govern- Resolved, That the said bill pass, two- history. ments and their role in terrorist activi- thirds of the Senators present having Notwithstanding these significant ef- ties directed against the United voted in the affirmative. forts, I recognize that there is nothing States—which is neither an effective The message also announced that that could ever erase the grief the 9/11 nor a coordinated way for us to respond pursuant to Public Law 110–315, the families have endured. My Administra- to indications that a foreign govern- Chair, on behalf of the President pro tion therefore remains resolute in its ment might have been behind a ter- tempore, announces the re-appoint- commitment to assist these families in rorist attack. ment of the following individual to be their pursuit of justice and do what- Second, JASTA would upset long- a member of the National Advisory ever we can to prevent another attack standing international principles re- Committee on Institutional Quality in the United States. Enacting JASTA garding sovereign immunity, putting and Integrity: Dr. Paul LeBlanc of New into law, however, would neither pro- in place rules that, if applied globally, Hampshire. tect Americans from terrorist attacks could have serious implications for U.S. national interests. The United f nor improve the effectiveness of our re- sponse to such attacks. As drafted, States has a larger international pres- JUSTICE AGAINST SPONSORS OF JASTA would allow private litigation ence, by far, than any other country, TERRORISM ACT—VETO MES- against foreign governments in U.S. and sovereign immunity principles pro- SAGE FROM THE PRESIDENT OF courts based on allegations that such tect our Nation and its Armed Forces, THE UNITED STATES foreign governments’ actions abroad officials, and assistance professionals, The SPEAKER pro tempore laid be- made them responsible for terrorism- from foreign court proceedings. These fore the House the following message related injuries on U.S. soil. This legis- principles also protect U.S. Govern- from the Senate: lation would permit litigation against ment assets from attempted seizure by The Senate having proceeded to reconsider countries that have neither been des- private litigants abroad. Removing the bill (S. 2040) entitled ‘‘An Act to deter ignated by the executive branch as sovereign immunity in U.S. courts terrorism, provide justice for victims, and state sponsors of terrorism nor taken from foreign governments that are not for other purposes.’’, returned by the Presi- direct actions in the United States to designated as state sponsors of ter- dent of the United States with his objec- carry out an attack here. The JASTA rorism, based solely on allegations that tions, to the Senate, in which it originated, would be detrimental to U.S. national such foreign governments’ actions it was abroad had a connection to terrorism- Resolved, That the said bill pass, two-thirds interests more broadly, which is why I of the Senators present having voted in the am returning it without my approval. related injuries on U.S. soil, threatens affirmative. First, JASTA threatens to reduce the to undermine these longstanding prin- effectiveness of our response to indica- ciples that protect the United States, The SPEAKER pro tempore laid be- tions that a foreign government has our forces, and our personnel. fore the House the following veto mes- taken steps outside our borders to pro- Indeed, reciprocity plays a substan- sage from the President of the United vide support for terrorism, by taking tial role in foreign relations, and nu- States: such matters out of the hands of na- merous other countries already have To the Senate of the United States: tional security and foreign policy pro- laws that allow for the adjustment of a I am returning herewith without my fessionals and placing them in the foreign state’s immunities based on the approval S. 2040, the ‘‘Justice Against hands of private litigants and courts. treatment their governments receive Sponsors of Terrorism Act’’ (JASTA), Any indication that a foreign govern- in the courts of the other state. Enact- which would, among other things, re- ment played a role in a terrorist attack ment of JASTA could encourage for- move sovereign immunity in U.S. on U.S. soil is a matter of deep concern eign governments to act reciprocally courts from foreign governments that and merits a forceful, unified Federal and allow their domestic courts to ex- are not designated state sponsors of Government response that considers ercise jurisdiction over the United terrorism. the wide range of important and effec- States or U.S. officials—including our I have deep sympathy for the families tive tools available. One of these tools men and women in uniform—for alleg- of the victims of the terrorist attacks is designating the foreign government edly causing injuries overseas via U.S. of September 11, 2001 (9/11), who have in question as a state sponsor of ter- support to third parties. This could suffered grievously. I also have a deep rorism, which carries with it a litany lead to suits against the United States appreciation of these families’ desire to of repercussions, including the foreign or U.S. officials for actions taken by pursue justice and am strongly com- government being stripped of its sov- members of an armed group that re- mitted to assisting them in their ef- ereign immunity before U.S. courts in ceived U.S. assistance, misuse of U.S. forts. certain terrorism-related cases and military equipment by foreign forces, VerDate Sep 11 2014 07:44 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.031 H28SEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H6024 CONGRESSIONAL RECORD — HOUSE September 28, 2016 or abuses committed by police units Committee, pending which I yield my- makes this change because, under cur- that received U.S. training, even if the self such time as I may consume. rent law, a foreign nation can provide allegations at issue ultimately would GENERAL LEAVE financing and other substantial assist- be without merit. And if any of these Mr. GOODLATTE. Mr. Speaker, I ask ance for a terrorist attack in our coun- litigants were to win judgments—based unanimous consent that all Members try and escape liability so long as the on foreign domestic laws as applied by may have 5 legislative days within support is provided overseas. foreign courts—they would begin to which to revise and extend their re- For example, under current law, if look to the assets of the U.S. Govern- marks and include extraneous mate- the intelligence agency of a foreign ment held abroad to satisfy those judg- rials on S. 2040, currently under consid- government handed a terrorist a bag of ments, with potentially serious finan- eration. money in New York City to support an cial consequences for the United The SPEAKER pro tempore. Is there attack on U.S.
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